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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Coroners (Investigations) (Amendment) Regulations 2022 No. 612 URL: http://www.bailii.org/uk/legis/num_reg/2022/uksi_2022612_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Coroners, England And Wales
Made
1st June 2022
Laid before Parliament
7th June 2022
Coming into force
28th June 2022
The Lord Chancellor, in exercise of the powers conferred by section 43(1)(a) and (3)(a) of the Coroners and Justice Act 2009( 1), and with the agreement of the Lord Chief Justice in accordance with section 43(2), makes the following Regulations:
1.—(1) These Regulations may be cited as the Coroners (Investigations) (Amendment) Regulations 2022 and come into force on 28thJune 2022.
(2) These Regulations extend to England and Wales.
(3) These Regulations shall have effect in relation to any investigation which has not been completed prior to the commencement of these Regulations.
2. In regulation 17 of the Coroners (Investigations) Regulations 2013( 2)—
(a) in the heading, for “is revealed by post-mortem examination” substitute “becomes clear before inquest”,
(b) omit “the post-mortem examination reveals” and
(c) after “the cause of death” insert “becomes clear in the course of an investigation”.
Tom Pursglove
Parliamentary Under Secretary of State
Ministry of Justice
1st June 2022
I agree
Burnett of Maldon, C.J.
Lord Chief Justice
(This note is not part of the Regulations)
These Regulations amend the Coroners (Investigations) Regulations 2013 in order to reflect the changes to section 4 of the Coroners and Justice Act 2009 (c. 25)that were made by section 39 of the Judicial Review and Courts Act 2022 (c. 35). The amendment to section 4 allows a coroner to discontinue an investigation where the cause of death becomes clear before inquest, whether this is revealed by post-mortem examination or by other information. Previously, when a coroner started an investigation, they could only discontinue the investigation if the results of a post-mortem examination revealed the cause of death. In practice this meant that, if the cause of death was revealed during the investigation from other sources of evidence, the investigation could only be concluded by a formal inquest, or by arranging an otherwise unnecessary post-mortem examination.